Remember when I told you a few months ago that employers can and should consider requiring that employees make two calls to request FMLA leave? For instance, you might require one call to the supervisor to report the absence, and a second call to Human Resources (or your third party administrator) to request FMLA
Complying with the FMLA and ADA When Your Employee is Dealing with a Mental Health Condition: A Recap of our Webinar
Thanks to those who attended my webinar last week with Matt Morris on “Complying with the FMLA and ADA When Your Employee is Dealing with a Mental Health Condition.” A link to the recording can be found When You Don’t Train Your Managers on the FMLA, You’re Begging for This Kind of Smackdown
When a manager learns that one of his employees is in the hospital for several days, that’s almost always enough information for the employer to have an inkling that the employee may need FMLA leave.
But one employer didn’t think so. And the penalty for its mistake was costly. Let me explain.
The Facts
Grace
Poorly Implemented FMLA Policies and Procedures are Killing Employers. Don’t Be That Employer.
Poorly implemented FMLA policies and procedures are in the spotlight this week. And just a few vague words and a slip up are costing two employers hundreds of thousands of dollars.
Their mistakes, however, are golden lessons for the rest of us.
Confusion Over How Much Maternity Leave is Provided
In Sad Employer Story No.
There’s No Crying at Work! But if an Employee Does Cry, Is That Sufficient Notice of the Need for FMLA Leave?
Reports of my capture by a Sri Lankan sloth bear in the dry forests of Sri Lanka are greatly exaggerated.
I am alive and well.
Sorry for the long delay since my last post. You see, spring is my busy season — when I am not practicing law, I spend seemingly every waking minute coaching
Got an Employee Who Doesn’t Follow Your FMLA Call-in Policy? Apparently, You Now Have to Ask Him Why He Couldn’t
I recently had an interesting call with a DOL investigator, and I wanted to share it with you.
First, let me set the background. I represent a large national employer with multi-state locations, including several on the east coast. One of these east coast locations employed Johnny [name changed to protect the guilty],
When Employers Don’t Recognize an Employee’s Notice of the Need for FMLA Leave, They Pay the Price
As employers, we face a sobering reality: at every turn, the FMLA sets us up to fail.
Whether it’s deciphering medical certification, assessing fitness for duty upon return to work, or dealing with the always frustrating intermittent leave, the FMLA is full of booby traps ready to nail us the instant we slip up.
Chief
Does an FMLA Leave Request Double as a Request for a Reasonable Accommodation? Should Employers Care?
There is a hot debate brewing over the tantalizing question, “Does a request for FMLA leave also constitute a request for a reasonable accommodation under the ADA?” The worlds of FMLA and ADA clash!
Surely, this question ranks up there with life’s unanswered questions. You know, questions like: When does it stop being partly cloudy
After He Allegedly Showed Up Drunk to Practice, Should Former USC Football Coach Steve Sarkisian Have Been Placed on FMLA Leave instead of Being Terminated?
A question was posed to me on Twitter this past week: Shouldn’t former University of Southern California (USC) football coach Steve Sarkisian have been placed on FMLA leave to get treatment for apparent alcoholism instead of getting sacked by USC? [Pun intended, of course.]
For those of you not familiar with Mr.
Can an Employee Decline FMLA Leave Simply by Checking a Box on a Form?
Do you require your employees to fill out a form or an application to request leave under the Family and Medical Leave Act? If not, are you thinking of changing to such an approach? Either way, pay attention to this story about Carrie, whose particular leave situation is instructive for employers.
The Facts
Carrie was